Employment Agencies

Stephen Hammond: To ask the Secretary of State for Business, Innovation and Skills whether limited company contractors who are in business on their own account fall within the scope of the Agency Workers Regulations 2010.

Edward Davey: Under the Agency Workers Regulations 2010 the definition of an agency worker excludes those who are in business on their own account where the status of the hirer is that of a client or customer of a “profession or business undertaking”—where there is a business to business relationship. Simply putting earnings through a limited company would not in itself put the individuals beyond the possible scope of the regulations.

Employment Agencies

Stephen Hammond: To ask the Secretary of State for Business, Innovation and Skills whether he has any plans to review the operation of the Agency Workers Regulations 2010 and its associated guidance.

Edward Davey: A review of the agency workers directive will be carried out by the European Commission, in consultation with member states and social partners at Community level, by 5 December 2013. In addition BIS will be closely monitoring the impact of the agency workers regulations in the UK and will have conducted a post-implementation review by December 2013. The main source of information for the formal evaluation and ongoing monitoring is likely to be the Labour Force Survey/Annual Population Survey but other surveys and research may also be relevant carried out by Government or other bodies.